HomeMy WebLinkAboutRes. 25-09PC Filed - T290141 Receipt:# 761887 T290141
VAR $46.00 Cert# 62994
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LAKE CITY 4646 I IIIIIIII III IIIII IIIII IIII)IIIII IIIII IIN IIII
4646 DAKOTA ST SE
PRIOR LAKE MN 55372
Certified Filed and/or recorded on:
10/22/2025 3:41 PM
Office of the Registrar of Titles
Scott County,Minnesota
Julie K.Hanson,Registrar of Titles
(This cover sheet is now a permanent part of the recorded document)
O�,PR4�1'i
4646 Dakota Street SE
v Prior Lake. MN 55372
41"1VNCSO'�P
RESOLUTION 25-09 PC
VARIANCES TO ALLOW FOR THE CONSTRUCTION OF A RETAINING WALL EXCEEDING
FOUR FEET IN HEIGHT WITHIN THE FRONT, SIDE, AND OHWL STRUCTURE SETBACKS ON A
PROPERTY IN THE R-2 SD (MEDIUM DENSITY RESIDENTIAL SHORELAND) ZONING DISTRICT
WHEREAS, The Prior Lake Planning Commission, acting as the Board of Adjustment, conducted a
public hearing on October 13, 2025, to consider a request from Lakers Holdings, LLC
requesting variances to allow a for retaining walls exceeding 4 ft. (four feet) in height
within the front, side, and OHWL structure setbacks on a property located in the R-2
SD (Medium Density Residential Shoreland) Zoning District at the following property,
legally described as:
LOT 19 AND ALL THAT PORITON OF LOT 20, GREEN HEIGHTS FIRST ADDTION,
SCOTT COUNTY, MINNESOTA, EASTERLY OF THE FOLLOWING DESCRIBED
LINE: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF SAID LOT 20, FIFTY
FEET FROM THE MOST SOUTHERLY CORNER THEREOF; THENCE IN A
NORTHWESTERLY DIRECTION THROUGH A POINT TO THE SHORE OF PRIOR
LAKE AND THERE TERMINATING, SAID POINT DESCRIBED AS FOLLOWS
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 20; THENCE
NORTH 28 DEGREES 48'20" WEST ALONG THE WESTERLY LINE OF LOT 20 A
DISTANCE OF 182.4 FEET; THENCE NORTH 56 DEGREES 05'40" EAST 63 FEET
TO SAID POINT. (PID 251020221) TORRENS PROPERTY.
Address: 3950 Green Heights Trl SW, Prior Lake, MN 55372; and
WHEREAS, Notice of the public hearing on said variance requests was duly published in
accordance with the applicable Prior Lake Ordinances; and
WHEREAS, The Board of Adjustment proceeded to hear all persons interested in these variance
requests, and persons interested were afforded the opportunity to present their views
and objections related to the variance requests; and
WHEREAS, The Board of Adjustment has reviewed the application for the variances as contained
in Case #DEV25-000017 and held a hearing thereon on October 13, 2025; and
WHEREAS, The Board of Adjustment has considered the effect of the proposed variances upon the
health, safety, and welfare of the community, the existing and anticipated traffic
conditions, light and air, danger of fire, risk to the public safety, the effect on property
values in the surrounding area and the effect of the proposed variances on the
Comprehensive Plan.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF ADJUSTMENT OF PRIOR
LAKE, MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Board of Adjustment hereby adopts the following findings:
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a. Variances shall only be permitted when they are in harmony with the general
purposes and intent of the Zoning Code.
The granting of the variances is in harmony with the general purposes of the Zoning Code.
The purpose of the Zoning Code is to "Promote the most appropriate and orderly
development of the residential, business, industrial, public land, and public areas".
b. Variances shall only be permitted when they are consistent with the Comprehensive
Plan.
The granting of the variances is consistent with the Comprehensive Plan and its goal to
maintain and improve physical character and identity. This is accomplished by achieving
compatible relationships between different types of land use by utilizing design standards,
appropriate buffers, land use transitions, and high-quality design.
c. Variances may be granted when the applicant for the variance establishes that there
are practical difficulties in complying with the Zoning Code. "Practical difficulties,"
as used in connection with the granting of a variance, means the property owner
proposes to use the property in a reasonable manner not permitted by the Zoning
Code, the plight of the landowner is due to circumstances unique to the property not
created by the landowner, and the variance, if granted, will not alter the essential
character of the locality.
Reasonable Use Consistent with Neighborhood: The applicant is seeking to construct
retaining walls exceeding 4 ft. (four feet), a common residential redevelopment project along
the City's Lake shores.
Not Self-Created: The unique constraints of the property, including the steep slopes, rough
topography, and historical construction were not created by the applicant and predated their
ownership. These factors result from historic platting and development patterns that do not
align with current zoning standards.
No Alteration to Neighborhood Character: The proposed structures are consistent with
the residential character and scale of surrounding properties, and it would not alter the
essential character of the locality.
d. Economic considerations alone do not constitute practical difficulties.
Economic considerations alone are not the reason for the variance request.
3. Based upon the findings set forth herein, the Board of Adjustment hereby approves the following
variances to allow the construction of retaining walls per the proposed survey in the R-2 SD
(Medium Density Residential Shoreland) Zoning District:
a. A variance to allow for a retaining wall exceeding four feet in height within the front, rear,
and side yard structure setbacks. (Subsection 10-605-R-2, (3))
b. A variance to allow for a retaining wall exceeding four feet in height within the average OHWL
structure setback. (Subsection 10-435, Subd (7) b.)
4. The variances are subject to the following conditions of approval:
a. The applicant shall provide a grading plan confirming all stormwater drainage from the
development will be managed on their property.
b. The variance resolution shall be recorded at Scott County.
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c. A building permit shall be obtained from the Building Department prior to the commencement
of construction.
d. A visual barrier shall be required for the proposed retaining walls exceeding four feet in
height.
PASSED AND ADOPTED THIS 13T" DAY OF OCTOBER 2025.
VOTE Ringstad Johnson Fenstermacher Tennison Yurko !.
Aye ❑
Dan i missi -Chair
Nay El El El El ❑
Absent ❑ ❑ ❑ ❑
Abstain ❑ ❑ ❑ ❑ ❑ ATTEST:
Casey McCabe,Community Development Director
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